Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15083 of 2024 Arising Out of PS. Case No.-662 Year-2023 Thana- ALAMGANJ District- Patna ====================================================== Sonu Kumar Son of Chacchu Paswan @ Rajendra Paswan Resident of Village -Chailitar, Jala Road Maharani Sthan PS- Alamganj District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudra Deo, Adv.
For the Opposite Party/s :
Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Alamganj PS Case No. 662 of 2023, dated 22-07-2023, instituted for the offence punishable under Sections 413 and 414 of the IPC.
3. As per allegations in the FIR, during course of vehicle checking, the petitioner and one co-accused, namely, Sparsh Kumar, were apprehended by the police with one stolen scooty and motorcycle. On inquiry, they did not produce any document regarding the seized scooty and motorcycle.
4. The learned counsel for the petitioner submits that petitioner is innocent and he has been falsely implicated in this case. It is further submitted that co-accused, namely, Sparsh Kumar and petitioner were arrested on the same day by the
Patna High Court CR. MISC. No.15083 of 2024(2) dt.13-03-2024 2/3 police party. No incriminating article has been recovered from the possession of the petitioner. It is submitted that one scooty, without registration number and one Passion Pro motorcycle were recovered and there is no theft report with regard to the aforesaid two seized vehicles. The petitioner has no concern with the said seized vehicles. It is further submitted that on similar allegations, co-accused, namely, Sparsh Kumar has been granted bail on 05-10-2023 in B.P. No. 1185 of 2023 by the learned Court below itself. It is next submitted that four criminal cases are pending against the petitioner and he is in custody since 23-07-2023.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-III, Patna City, Patna, in Alamganj PS Case No. 662 of 2023, ST No. 1192 of 2023, subject to the following condition:- (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.15083 of 2024(2) dt.13-03-2024 3/3 reason, his bail bond shall be cancelled by the Court below, (ii) that one of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, and (iv) that if them petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) shyambihari/- U